Chris Mizzo is a trial lawyer who focuses on complex commercial litigation and intellectual property litigation. He has tried bet-the-company and billion dollar cases in federal and state courts and before the International Trade Commission. Chris represents clients in a broad range of industries and has experience in a wide variety of technologies including pharmaceuticals, medical devices, mobile phones, semiconductors, and computer software and systems.
Before joining Kirkland, Chris clerked for the Honorable William J. Martini in the United States District Court for the District of New Jersey.
Lead trial counsel for ViiV Healthcare in ongoing Hatch-Waxman patent infringement litigation to protect Epzicom® and Trizivir® brand anti-HIV medications.
Trial counsel for Samsung against Ericsson in an ongoing ITC action covering 4G wireless communication technologies.
Lead trial and appellate counsel defending GlaxoSmithKline in ongoing breach of contract action. Successfully defeated motions for preliminary injunction before the district court and the Third Circuit; successfully dismissed three of four counts by way of summary judgment and affirmed by the Third Circuit.
Trial counsel for leading consumer electronics and software company against HTC in district court and the ITC to protect smartphone technologies. Obtained and enforced an exclusion order barring HTC's infringing products from importation into the U.S. Subsequently, obtained a favorable settlement.
Lead trial counsel for GlaxoSmithKline and ViiV Healthcare in Hatch-Waxman patent infringement litigation to protect Combivir®brand anti-HIV medication. Obtained a favorable settlement in the Teva action before trial; also obtained a favorable settlement with Lupin.
Trial counsel defending Multimedia Patent Trust against breach of contract and equitable claims in Delaware Chancery Court. Obtained a favorable settlement in the midst of trial.
Trial and appellate counsel for GlaxoSmithKline against the USPTO in what Managing Intellectual Property recognized as the U.S. Patent Case of the Year in 2009. Won preliminary and permanent injunctions before the district, precluding the implementation of the Patent Office's controversial, sweeping rules that would have limited, among other things, the number of patent claims, continuing applications, and RCEs an applicant may file; sustained injunction on appeal to the Federal Circuit and won rehearing en banc.
Trial counsel for GlaxoSmithKline in pharmaceutical litigation to protect Paxil CR® brand antidepressant. Obtained favorable result at the pleadings stage.
Trial counsel for Samsung against Matsushita related to semiconductor products and processes; obtained a favorable settlement.
Trial counsel defending Samsung against patent infringement claims brought by Ericsson related to 2G and 3G wireless communication technologies in district court and the ITC; obtained a favorable settlement.
Trial counsel defending Infineon Technologies against patent infringement claims brought by Tessera related to semiconductor chip packaging patents in district court; obtained a favorable settlement.
Memberships & Affiliations
American Bar Association
S.M. Knowles and F.C. Mizzo, "The USPTO's Proposed Rule Changes & GlaxoSmithKline's Challenge to the Rules", The Sedona Conference, 2008
B.M. Wexler and F.C. Mizzo, "Unpublished Opinions Rising, But Do They Help?", New York Law Journal, February 11, 2002
Presented on the topic "The PTO's New Rules Are Void: GlaxoSmithKline v. Dudas – Stories from the Front," 15th Annual Kirkland & Ellis Technology & Law Seminar, Chicago, IL, May 16, 2008
Panelist for "Open Forum: Ask the Judges About Patent Litigation," 13th Annual ALI-ABA Trial of a Patent Case, Chicago, IL, September 30, 2005
Fitzpatrick, Cella, Harper & Scinto
2000, United States Court of Appeals for the Federal Circuit
2002, United States District Court for the Southern District of New York
2002, United States District Court for the Eastern District of New York
2012, United States Court of Appeals for the Third Circuit